Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations 37051 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves 

expanding an already existing security 

zone to limit access near Electric Boat 

Shipyard. It is categorically excluded 

from further review under paragraph 

L60a of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. A Record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Marine Safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6 and 160.5; 

Departmemt of Homeland Security 

Delegation No. 0170.1 

■ 2. Revise § 165.154 (a)(2) to read as 

follows: 

§ 165.154 Safety and Security Zones; 

Captain of the Port Long Island Sound Zone 

Safety and Security Zones. 

(a)* * * 

(2) Electric Boat Shipyard, Groton, 

CT. 

(i) Location. All navigable waters of 

the Thames River, from surface to 

bottom, West of the Electric Boat 

Corportation Shipyard enclosed by a 

line beginning at a point on the 

shoreline 41°20′ 16′′ N, 72°04 ′ 47′′ W; 

then running West to 41°20′ 16.2′′ N, 

72°04 ′58.0′′ W; then running North to 

41°20′28.7′′ N, 72°05′01.7′′ W; then 

North-Northwest to 41°20′53.3′′ N, 

72°05′04.8′′ W; then North-Northeast to 

41°21′02.9′′ N, 72°05′04.9′′ W; then 

running to shoreline at 41°21′02.9′′ N, 

72°04′58.2′′ W (NAD 83). 

(ii) Application. Paragraphs (a),(e), (f) 

of § 165.33 do not apply to public 

vessels or to vessels owned by, under 

hire to, or performing work for the 

Electric Boat Division when operating in 

the security zone. 

Dated: July 8, 2021. 

E.J. Van Camp, 

Captain, U.S. Coast Guard, Captain of the 

Port Long Island Sound. 

[FR Doc. 2021–14971 Filed 7–13–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0510] 

RIN 1625–AA00 

Temporary Safety Zone; Bear Birthday 

Celebration, Lake Charlevoix, Boyne 

City, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 500-foot 

radius of a fireworks display in Lake 

Charlevoix near Boyne City, MI. The 

safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by fireworks diplay. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Sault Sainte Marie or a designated 

representative. 

DATES: This rule is effective from 6 p.m. 

until 11:59 p.m. on July 31, 2021. It will 

be enforced from 9 p.m. until 11:00 p.m. 

on that day. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0510 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LT Deaven Palenzuela, U.S. Coast 

Guard Sector Sault Sainte Marie 

Waterways Management, U.S. Coast 

Guard; telephone 906–635–3223, email 

ssmprevention@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because doing 

so would be impracticable. This safety 

zone is needed to be established by July 

31, 2021 in order to protect the public 

from the dangers associated with a 

fireworks display. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable 

because action is needed to establish a 

safety zone in order to protect the public 

from the hazards associated with the 

fireworks display. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port Sault Sainte Marie 

(COTP) has determined that potential 

hazards associated with a fireworks 

display on July 31, 2021, will be a safety 

concern for anything within a 500-foot 

radius of the navigable waters 

surrounding the fireworks launch site. 

This rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone during the fireworks display. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone that will be enforced from 9 

p.m. through 11 p.m. on July 31, 2021. 


lotter on DSK11XQN23PROD with RULES1
37052 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations 

The safety zone will cover all navigable 

waters within 500 feet of a fireworks 

display in Lake Charlevoix near Boyne 

City, MI in position 45°15′20.62′′ N 

85°03′50.33′′ W. The duration of the 

zone is intended to protect personnel, 

vessels, and the marine environment in 

the safety zone proceeding, during and 

immediately after the fireworks display. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on size, location, duration, and 

time-of-day of the safety zone. Vessel 

traffic will be able to safely transit 

around this safety zone which would 

impact a small designated area of Lake 

Charlevoix. Moreover, the Coast Guard 

would issue a Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a 

temporary safety zone lasting only 2 

hours that will prohibit entry within a 

500-foot radius of a fireworks display in 

Lake Charlevoix. It is categorically 

excluded from further review under 

paragraph L[60(a)] of Appendix A, Table 

1 of DHS Instruction Manual 023–01– 

001–01, Rev. 1. A Record of 

Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and record keeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165— REGULATED 

NAVIGATION AREAS AND LIMITED 

ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T09–0510 to read as 

follows: 


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Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations 37053 

§ 165.T09–0510 Bear Birthday Celebration, 

Lake Charlevoix, Boyne City, MI. 

(a) Location. The following area is a 

temporary safety zone: All navigable 

water within 500 feet of the fireworks 

launching location in position 

45°15′20.62′′ N 85°03′50.33′′ W (NAD 

83). 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Sault Sainte Marie (COTP) in 

the enforcement of the safety zone. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into, transiting, or anchoring within the 

safety zone described in paragraph (a) of 

this section is prohibited unless 

authorized by the Captain of the Port, 

Sault Sainte Marie or his designated 

representative. 

(2) Before a vessel operator may enter 

or operate within the safety zone, they 

must obtain permission from the 

Captain of the Port, Sault Sainte Marie, 

or his designated representative via VHF 

Channel 16 or telephone at (906) 635– 

3233. Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all orders given to 

them by the Captain of the Port, Sault 

Sainte Marie or his designated 

representative. 

(d) Enforcement period. This section 

will be enforced from 9 p.m. until 11 

p.m. on July 31, 2021. 

Dated: July 8, 2021. 

A.R. Jones, 

Captain of the Port Sault Sainte Marie. 

[FR Doc. 2021–14967 Filed 7–13–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 273 

RIN 0710–AB36 

Aquatic Plant Control 

AGENCY: U.S. Army Corps of Engineers, 

Department of Defense. 

ACTION: Final rule. 

SUMMARY: This final rule removes the 

U.S. Army Corps of Engineers part titled 

Aquatic Plant Control. This part is 

redundant and otherwise covers internal 

agency operations that have no public 

compliance component or adverse 

public impact. Therefore, this part can 

be removed from the Code of Federal 

Regulations (CFR). 

DATES: This rule is effective on July 14, 

2021. 

ADDRESSES: Department of the Army, 

U.S. Army Corps of Engineers, ATTN: 

CECW–P (Mr. Jeremy Crossland), 441 G 

Street NW, Washington, DC 20314– 

1000. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jeremy Crossland at (202) 761–4259 or 

by email at Jeremy.M.Crossland@

usace.army.mil. 

SUPPLEMENTARY INFORMATION: This final 

rule removes from the CFR part 273 of 

title 33, ‘‘Aquatic Plant Control,’’ which 

prescribes policies, procedures and 

guidelines for research, planning and 

operations for the Aquatic Plant Control 

Program of the Corps under authority of 

section 104 of the Rivers and Harbors 

Act of 1958, as amended by section 104 

of the Rivers and Harbors Act of 1962 

and Section 302 of the Rivers and 

Harbors Act of 1965. This law, codified 

at 33 U.S.C. 610 has been amended 

several more times, most recently by 

section 1039(d) of the Water Resources 

Reform and Development Act of 2014 

and section 1178(b) of the Water 

Resources Development Act of 2016. 

The Aquatic Plant Control Program is 

designed to deal primarily with weed 

infestations of major economic 

significance including those that have 

reached that stage and those that have 

that potential in navigable waters, 

tributaries, streams, connecting 

channels and allied waters. The 

regulation governs a program that 

manages cost-share authority between 

the Federal government and another 

governmental agency. This rule was 

initially published on June 3, 1976 (41 

FR 22346). While the rule applies only 

to the Corps’ Aquatic Plant Program, it 

was published, at that time, in the 

Federal Register to aid public 

accessibility. 

The solicitation of public comment 

for this removal is unnecessary because 

the rule is out-of-date, duplicative of 

existing internal agency guidance, and 

otherwise covers internal agency 

operations that have no public 

compliance component or adverse 

public impact. For current public 

accessibility purposes, updated internal 

agency policy on this topic may be 

found in Engineer Regulation 1130-2- 

500, ‘‘Project Operations Partners and 

Support (Work Management Policies)’’ 

(available at https://

www.publications.usace.army.mil/ 

Portals/76/Publications/ 

EngineerRegulations/ER_1130-2- 

500.pdf). The agency policy is only 

applicable to field operating activities 

having responsibility for the Aquatic 

Plant Program projects and provides 

guidance specific to the Corps’ control 

of aquatic plants. 

This rule removal is being conducted 

to reduce confusion for the public as 

well as for the Corps regarding the 

current policy which governs the Corps’ 

Aquatic Plant Program. Because the 

regulation does not place a burden on 

the public, its removal does not provide 

a reduction in public burden or costs. 

This rule is not significant under 

Executive Order (E.O.) 12866, 

‘‘Regulatory Planning and Review.’’ 

List of Subjects in 33 CFR Part 273 

Aquatic plant control, Pesticides and 

pests, Waterways. 

PART 273—[REMOVED] 

■ Accordingly, by the authority of 5 

U.S.C. 301, 33 CFR part 273 is removed. 

Date: July 1, 2021. 

Jaime A. Pinkham, 

Acting Assistant Secretary of the Army (Civil 

Works). 

[FR Doc. 2021–14719 Filed 7–13–21; 8:45 am] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2021–0042; FRL–10024– 

87-Region 1] 

Air Plan Approval; Connecticut; 

Definitions of Emergency and 

Emergency Engine 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Connecticut 

on December 20, 2019. This revision 

amends the State’s definitions of 

emergency and emergency engine in its 

air quality regulations. The intended 

effect of this action is to approve the 

December 20, 2019, submittal into the 

Connecticut SIP. This action is being 

taken in accordance with the Clean Air 

Act. 

DATES: This rule is effective on August 

13, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2021–0042. All documents in the docket 


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